52 Obery Street
Plymouth, MA 02360
(508) 322-4500
DUI Lawyer James Geraghty’s recent cases in Plymouth District Court:
June 2016
The officer testified he pulled the client over after being advised of an erratic operator by a desk officer and saw the client swerve into the breakdown lane. The officer stated the client was disoriented, had red and glassy eyes, admitted having two vodka soda mixed drinks when asked, had scrapes and dents along the driver’s side door that the client could not identify as to how or when the damage occurred, smelled strongly of alcohol, had slow, slurred speech and often stammered when answering questions. The officer testified the client walked slow and was unsteady on her feet and failed the walk and turn and one leg stand field sobriety tests. The officer further testified that during an inventory search of the client’s car, a nearly half empty bottle of 750mL vodka was found on the front passenger side floor, two open and empty 12 ounce bottles of beer, and one open and empty 12 ounce can of beer. NOT GUILTY
May 2016
The officer testified he stopped the client for going under the speed limit and crossing over the double yellow center line. The officer stated the client took a few seconds before he came to a complete stop, there was a moderate odor of alcohol coming from the car, he had slurred speech, and was unsteady on his feet and grabbed his door to regain balance when getting out of his car. The officer testified that in his opinion, the client failed the alphabet test and the walk and turn and one leg stand field sobriety tests. NOT GUILTY
February 2016
The officer reported he saw a car with its flashers on and on approach realized it had been in an accident. The officer stated that the airbags were deployed and upon asking if anyone as injured inside, the client came out of the driver’s side door and said, with slurred speech, that she was fine. The officer reported she was unsteady on her feet, had blood on her lower lip, was uncooperative when asked to stay where she was, smelled of alcohol and had glassy and red eyes. The officer stated the client later admitted drinking a few beers and continued to be uncooperative with EMS and resisted attempts to put her on a stretcher. BAC 0.26. CASE DISMISSED
January 2016
The officer reported that after responding to a motor vehicle accident, he saw a pickup truck with five orange traffic control barrels and an orange traffic cone in it’s bed resting against a utility pole that had struck a fire alarm box, snapping it in several places, and also driven over a junction box. The officer stated the client was seated on the ground and refused to answer the officer when the officer asked him what had happened. The officer reported that the client was bleeding from his nose as a result of the crash, had heavily slurred speech, red and glassy eyes, smelled alcohol on him and watched as he nearly fell over numerous times and pointed to his wallet twice and referred to it as his phone. The officer stated the client was transported to the hospital after being initially treated by Plymouth Fire and a second officer reported that after approximately one hour and twenty minutes after being transported to the hospital, he spoke with the client who had thick, hoarse and slow speech and smelled moderately of alcohol. BAC 0.24. CASE DISMISSED
May 2015
The officer testified that he estimated the client was going 50 mph in a 35 mph zone and watched as he crossed the center line and then swerve sharply to the right almost striking a mailbox. After stopping the vehicle, the officer stated that there was a moderate odor of alcohol coming from the car, the client admitted drinking a couple beers, and had slurred speech and glassy, bloodshot eyes. The officer further stated the client was unsteady on his feet, failed the one leg stand field sobriety test, was unable to complete the walk and turn field sobriety test and could not say the alphabet or count backwards as instructed. NOT GUILTY
The officer reported that he tried to stop the client after getting a report of a possible intoxicated driver that matched his description; however, even though the officer’s emergency equipment was activated, the client continued driving 2.1 miles before stopping in the Plymouth Police Department’s parking lot. The officer stated that prior to stopping, the client repeatedly crossed both passenger side tires over the solid white line. The officer further reported that the client said “figured I was coming here anyways” and “just saving you time” and he was unable to maintain his balance, had bloodshot eyes, slurred, and at times, unintelligible speech, and smelled strongly of alcohol while being escorted from the parking lot to the booking area. CASE DISMISSED
July 2014
The officer reported the client was going 56 mph in a 35 mph zone, drove a foot onto a front lawn, and continued driving, going off the paved roadway twice, while the officer’s lights were activated. The officer stated the client stopped, quickly got out of his car, staggered to the right, put his hands in the air and exclaimed, “I’m home” continuing to sway and stagger from side to side. The officer further reported that he ordered the client back in the car, and on approach, could immediately smell a strong odor of alcohol, noticed glassy, bloodshot eyes and heavily slurred speech, and watched as he fumbled for his license and registration. The officer reported the client had difficulty maintaining his balance, had a homemade jar of alcohol in his car and when searched at the station, had a loaded nine millimeter firearm concealed on his right hip. CASE DISMISSED
April 2014
The officer testified he saw the client’s tires producing smoke and no hazard lights on, so he stopped the vehicle. The officer stated he immediately smelled alcohol, noticed she had bloodshot, watery eyes and slurred speech, and when asked, the client denied having two flat tires. The officer testified the client had a minor stumble when she walked and almost fell over when she tried to step up on the sidewalk. The officer stated the client could not say the alphabet as instructed and attempted the one leg stand field sobriety test, almost falling off the sidewalk on her third attempt. NOT GUILTY
The officer reported he was dispatched to a two-car accident where one of the cars had left the scene. The officer stated the driver of car 1 in the accident said he was rear-ended by the client who left the scene with severe front end damage, without working headlights and described the driver’s physical appearance which a second witnesses corroborated. Another officer reported to this officer that they located the vehicle parked behind the home to which the car was registered and when the client’s husband opened the door, he indicated to this officer that his wife was the driver of the car parked behind their house and she wasn’t feeling well and was in bed. The officer reported that when the client exited her bedroom, she was being physically held up by her husband, couldn’t stand on her own, she had bloodshot and glassy eyes, appeared to be intoxicated, denied driving, but couldn’t give the last name of the driver, admitted drinking three drinks, was bleeding from the back of her head and said she hit her head on the floor when she got home and had slurred speech. CASE DISMISSED
March 2014
The officer reported upon responding to a report of a minor motor vehicle accident, he saw the client’s car facing west in the eastbound lane and a second car facing east in the westbound lane. The officer stated a witness said the client was operating in an erratic manner, crossing the center line into the opposite lane of travel numerous times and after rounding a corner, saw the client had been in an accident and upon checking on her, smelled alcohol and thought she was intoxicated. The officer further reported he smelled a strong odor of alcohol coming form the client, noticed she had glassy eyes, heavy and slurred speech, had urinated in her pants, was unsteady on her feet, used the vehicle door for balance, responded to questions with nonsensical answers and admitted drinking four or five beers. The officer stated the driver of the second vehicle and other drivers who witnessed the accident said the client was driving on the wrong side of the road. .21 BAC. CASE DISMISSED
The officer reported the client failed to stop at a red arrow, drove in a serpentine fashion and crossed the center marked lane with both driver’s side tires continuing over the line until half of the vehicle had crossed into the eastbound lane. The officer stated he stopped the vehicle, which came to an abrupt stop in its lane of travel, and upon approaching the vehicle the client opened her door because her window was broken. The officer reported the client smelled of alcohol, had bloodshot and glassy eyes, slurred speech, admitted drinking two alcoholic beverages, used her door to get out and steady herself, began to fall to her right after taking two steps and used the vehicle to steady herself while she walked. The officer stated the client failed to say the ABCs as instructed and couldn’t do the walk and turn, one leg stand or finger-to-nose field sobriety tests. CASE DISMISSED
February 2014
The officer testified that after heading towards what sounded like a motor vehicle accident, he saw a haphazardly-parked vehicle with a man standing near it lighting a cigarette who he later identified to be the operator. The officer stated that he noticed the client’s speech was slightly slurred, he had bloodshot eyes, smelled strongly of alcohol, admitted drinking “a few, but I’m not drunk” as wells as “I don’t know, I must have hit something” when asked what happened. The officer further testified the vehicle the client was driving had heavy front-end damage and when asked the client denied medical treatment. The officer stated the client could not say the ABCs as instructed, failed the walk and turn and one leg stand field sobriety tests and appeared to have soiled his pants. NOT GUILTY
October 2013
The officer stated when he saw the client’s car off the road, hung up on a large stump. The officer testified the client said he was the passenger when the accident happened and that the driver had left the scene. The officer stated the person the client named as the driver was unable to be found by another officer. The officer further testified the client smelled of alcohol, was extremely unsteady on his feet, constantly swaying back and forth, had red and glossy eyes and was unable to be understood due to slurred, very thick-tongued speech. NOT GUILTY
The officer reported that he was dispatched to a suspicious vehicle that had been parked on the side of the road for 30 minutes. Upon approach, the officer stated he saw the car was running, heard the radio playing loudly and saw the client slumped forward with his eyes closed. The officer reported the client did not open his eyes until he opened the client’s door at which point he noticed an overwhelming amount of mucus covering the client’s nose and mouth. The officer stated the client did not know where he was, when asked the day of the week, responded “October”, had sluggish and slurred verbal responses, sluggish movements, appeared sleepy and confused, smelled of alcohol and admitted drinking alcohol. The officer reported that when he asked the client how far he went in school, the client stated “first grade” which he corrected to “four years of college” shortly thereafter. The officer further reported the client failed the one leg stand field sobriety test. THIRD OFFENSE OUI DISMISSED
August 2013
The officer reported he was dispatched on a report of the client hitting a curb and pulling over to check his tires and upon arrival, noted the client’s tire was flat. The officer stated that the client was confrontational, had slurred speech, glassy eyes, a strong odor of alcohol coming from his breath, was evasive and would break into fits of laughing and screaming while being questioned. The officer further reported that after stepping from his car without being asked and lighting a cigarette that he refused to put out, he informed the client he was under arrest for disorderly conduct and in response, the client took a bladed stance, raised his fists, lunged at a second officer and began punching that officer in the arms and chest as well as punching the reporting officer in the eye. 0.19 BAC. CASE DISMISSED
June 2013
The officer reported the client was weaving within his lane for a ¼ mile and upon stopping the client, he smelled a strong odor of alcohol, had glassy and bloodshot eyes, slurred and thick-tongued speech, had a red, flushed face and could not tell the officer in what town he was stopped. The officer further reported the client admitted drinking and was unsteady on his feet. OUI DISMISSED
Upon arrival, the officer reported the client’s car was resting against a tree and upon speaking with the client, she admitted being the operator and stated a yellow dog ran out in front of her causing her to swerve and strike the tree. The officer further reported the client had bloodshot eyes, slurred speech, smelled strongly of alcohol and swayed as she spoke. The officer stated the client said she hit her head on the windshield which was consistent with the damage to the windshield and thus, the client was transported to the hospital. The officer further stated that in plain view in the client’s purse were several nips of Smirnoff Vodka and a 200ml bottle of Smirnoff Vodka, one of which was empty and after asking the client about it, she admitted drinking prior to the accident and had a blood alcohol reading of .20. OUI DISMISSED
A concerned citizen places a 911 call to the Plymouth Police concerning the operation of the clients car and reports to the police that the client is driving in a highly erratic manner and cannot maintain the proper lane of travel. The police find the client on the road and pull him over. The officer notices the clients speech to be heavily slurred and a his eyes to be red, watery and glassy. The client is asked to step from the vehicle and is unable to recite the alphabet correctly or do any of the standardized field sobriety tests and is then arrested. The client takes breath test back at the station with a reading of .21. TRIAL VERDICT – NOT GUILTY
Client is pulled over for crossing marked lanes several times at 2:30am. Client is unable to produce license and registration and the officer notices the clients eyes to be bloodshot and also notices a strong odor of alcohol coming from the clients breath. The client has an open container of beer in the center console which is cold to the touch and is slurring his speech according to the officers testimony. The client can not perform the alphabet test, the walk and turn test or the one legged stand and the client admits to being at a bar and consuming several drinks prior to being pulled over. JURY TRIAL VERDICT – NOT GUILTY
Client is traveling north on route 3 at 3:30 a.m. and while exiting the highway strikes the curbing which draws the attention of a Massachusetts State Trooper who is monitoring traffic at that exit. The client takes a wrong turn at the bottom of the exit ramp and the trooper begins to follow him on route 53 in the town of Pembroke. The client then travels over the white fog line on three separate occasions and is eventually pulled over by the Trooper. The client is unable to produce the registration or license without fumbling and overlooking both documents for several minutes.. The client is asked to exit the vehicle at which point a beer bottle from the vehicle falls to the ground in front of the Trooper. The client is asked to submit to field sobriety testing in which the client is unable to say the alphabet, stand on one foot more than two seconds or perform the nine step walk and turn successfully. The client is arrested and repeatedly asks the arresting trooper if the trooper know a friend of the clients who is also a trooper. TRIAL VERDICT – NOT GUILTY
May 2011
Client was operating his vehicle on the wrong side of the road and almost collided with police officer. Police officer made a u turn and pulled the client over. The client stopped his car in the middle of the road. The officer asked for the license and registration of the client which could not be produced. Client had slurred speech and was incoherent according to the officer. While being placed under arrest, the client was staggering back and forth and was unsteady on his feet according to the testimony of the police officer. The client was videotaped back at the police station and that video was used by the prosecution during the trial. NOT GUILTY VERDICT
Client is stopped for traveling 70 mph in a 35 zone. The Officer testified that client stumbled out of the car and had to use the car for support in standing. Client could not say the alphabet nor perform the balance tests. Marijuana and an open container of alcohol were found in the clients vehicle and client admitted to drinking several glasses of wine prior to operating the motor vehicle. NOT GUILTY.
Client rear ends another vehicle stopped at an intersection. Client, who is wearing high heals, stumbles and falls when the police officer takes the client out of the vehicle. Client fails alphabet test, one legged stand test, and nine step walk and turn test. CLIENT FOUND NOT GUILTY AFTER TRIAL.
Client is pulled over for speeding. He fumbles his license and registration when the officer asks him for the documents and forgets to turn his car off when he exits the motor vehicle. Client cannot complete the one-legged stand or nine step walk and turn field sobriety tests and the officer testified that clients speech was so slurred he could hardly understand what the client was saying. Client admitted to three beers earlier in the night and the arrest and booking were videotaped by the police. NOT GUILTY
The defendant almost strikes an ice cream truck that is stopped in the middle of the road. When the police pull the defendant over the defendant fails the field sobriety tests and has a breath test of .11 back at the station. TRIAL VERDICT – NOT GUILTY
Defendant is passed out in the drivers seat of the vehicle.. When the police arrive the defendant is slurring words and is disorientated. On the booking the video the defendant falls into the walls of the booking room several times. TRIAL VERDICT – NOT GUILTY.